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HARRIS v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA

No. 2678.

137 F.2d 272 (1943)

HARRIS v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA.

Circuit Court of Appeals, Tenth Circuit.

July 17, 1943.

Attorney(s) appearing for the Case

Ernest A. Polansky, John F. Simms, and J. Ernest Corey, all of Albuquerque, N. M., for appellant.

Pearce C. Rodey, Don L. Dickason, and Frank M. Mims, all of Albuquerque, N. M., for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

On August 22, 1922, the Pacific Mutual Life Insurance Company1 issued to Elbert Harris2 a $5,000 policy of life insurance. The policy contained a provision reading in part as follows:

"Should the Insured, before attaining the age of sixty years and while this Policy is in full force and no premium thereon in default, become so disabled as to be totally and permanently unable...

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